A local authority inspection of a HMO will include all areas of the property. Particular emphasis will be placed on areas where hazards could result from sharing of the property.
The following areas of enforcement can be taken against a landlord who breaches their management duty in regards to a HMO.
Improvement Notice – Section 11-19, Housing Act 2004
A notice requiring the recipient to take remedial action against the notified hazard.
Prohibition Order - Section 20-27, Housing Act 2004
An order prohibiting the use of an area of a property for part or whole of its intended purpose or it’s occupation by a quantity or type of person.
Hazard Awareness Notice - Section 28-29, Housing Act 2004
A less serious occurrence with a notice to draw attention to desire for remedial action.
Emergency Measures - Section 40-45, Housing Act 2004
A local authority can take enforcement action to rectify areas that pose an imminent risk to tenants. This can take the form of prohibition from part of the property or removal of the hazard and recovery of costs incurred.
Demolition Orders - Section 46, Housing Act 2004
If a property is beyond repair and unfit for it’s intended use a demolition order may be issued. The owner will be required to demolish the property at their own expense but are able to keep the land for their own use.
Clearance - Section 47, Housing Act 2004
If the bad arrangement of properties leads to a situation (or the area contains 1 of more category 1 hazards) that is hazardous to the health and safety of the occupants a clearance area maybe established.
Prosecution of both landlord and tenant can take place if either fails to maintain the property in a fit and proper way. If the landlord fails to comply with any notice to undertake repair works then the local authority may undertake the work and serve payment against the landlord.
A landlord can receive a fine of up to £20,000 and a criminal record for operating an unlicensed HMO. Penalties also apply for allowing excess occupancy above that allowed in the licence. A person acting on the landlord’s behalf can face fines of up to £5,000 for each occurrence.
,p>
If a property is not registered as an HMO despite being subject to mandatory licensing the landlord cannot serve a Section 21 Notice requiring possession to a tenant.
A property will not receive a licence if:
The number of occupants is not suitable for the property
Management is not satisfactory
The landlord is not a fir and proper person
Any private tenant living in an unlicensed HMO can claim back any rent paid to the landlord (max period of claim – 12 months) if an application is made the First Tier Tribunal – Property Chamber (Residential Property). www.justice.gov/tribunals/residential-property
A Rent Repayment Order will only be made to the tenant following a criminal conviction of the landlord for operating an HMO without a license or the local authority has made a successful claim to the Magistrates Court against housing benefit.
Application form (RR02) is available at: www.rpts.gov.uk/pubs_and_forms/publications.htm
The following will be required to be submitted with the form:
a. Evidence of successful prosecution for housing benefits of the landlord
b. Evidence of the rent paid to the landlord during the specified period
c. Agreements with any person nominated to represent the tenant(s).
d. Evidence of 5 or more claimants from the same property during the claims period unless already stated.
The above is subject to the local authority taking action against the landlord.
Does the property comply with the definition of an a HMO?
Does the property have correct licences – Contact local authority
Request inspection by local authority if repair works are not carried out
